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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
GAJENDRA SINGH
Trapti Swami – Appellant
Versus
Vijay Swami – Respondent
ORDER :
1. This criminal revision is preferred being aggrieved by the order dated 12.06.2019 passed in Criminal MJC No.346/2018 by Principal Judge, Family Court, Ratlam whereby the application for maintenance under Section 125 of Cr.P.C. 1973 has been rejected at preliminary stage on the ground that her marriage dated 11.10.2017 with the respondent/husband is void under Section 11 of the Hindu Marriage Act, 1955.
2. Facts of the case in brief are that the revision petitioner/applicant filed an application under Section 125 of Cr.P.C 1973 before the Principle Judge, Family Court, Ratlam on 13.11.2018 claiming maintenance of Rs.35,000/- with assertion that the marriage was solemnized on 11.10.2017 as per Hindu Rituals including Saptpadi at Ujala Place, Ratlam and they got registered the marriage and live as husband and wife. It is further alleged that this was their second marriage, both were earlier married and previous marriage of both the parties were dissolved by the decree of divorce. The factum of earlier marriage and divorce were communicated by both the parties to each other and the family members and the memorandum of facts were also recorded. It was further asserted that with
`(1) Only a legally wedded wife can claim maintenance under Section 125 of Cr.P.C.(2) Decree of divorce can only be granted by Court and divorce by agreement is not valid in eyes of law.
A second wife can claim maintenance under Section 125 of the Cr.P.C. even if her first marriage is allegedly subsisting, emphasizing social justice and protecting vulnerable individuals.
Term ‘wife’ in Section 125 of Code of Criminal Procedure, includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried.
Once such presumption of a lawful marriage commenced to operate in favour of a marriage which has taken place in fact, such a presumption alone would be good enough to entitle the wife to maintain.
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
Point of Law : The principles of Hindu Personal Law have developed in an evolutionary way out of concern for all those subject to it so as to make fair provision against destitution. The manifest pur....
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